This is aA question that has been asked endlessly since charges were brought against her, even when she was president and regardless of whether you think she may be guilty of the crimes she has been charged with and more importantly recently, the crimes she has been implicated in, but not charged with yet - she's not going anywhere without a fight.
Her election as senator last year was a lifesaver for her in much the same way that it has been for ex president Menem. But in my opinion, the immunity that comes with public office is an anachronism - a convenient shield to hide behind and nothing more, especially for the likes of CFK et al, who have no intention of improving the lives of others. Nothing but a charade in fact.
Yesterday Macri must have been furious, as the senate wasn't able to reach a quorum on whether to debate on a possible vote to have Kirchner's properties searched. Not only were too few Peronists (PJ) present, but also not enough senators from Cambiemos, the ruling party. And this is even before they get onto the subject of deciding whether to vote on having her immunity (desafuero) stripped from her.That in itself is the final goal of the judge/s and federal prosecutors, not to mention her enemies in both houses and of course the press, who have already passed sentence on her.
She should face trial yes. But will she?
So many times I've heard the opinion that she shouldn't. That it's more comfortable for Macri that she doesn't. That there will be social disorder on a massive scale if she is even stripped of her immunity and held pending a trial (read trials - plural). I cannot accept any of those positions and feel that it's about time the country woke up and took its responsibilities seriously, instead of protecting the guilty for politically judicious purposes.
Here's an article by James Neilson at the BA Times.